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On March 17, 2016, the European Court of Human Rights made a judgment on the case of ‘Mataghis’ by which it found violations of the rights under Article 3 (Prohibition of torture) and Article 5 (Right to liberty and security) of ECHR stating that on April 19-24, 2014 Arayik Zalyan, Mussa Serobyan and Razmik Sargsyan were deprived of their liberty illegally and the State failed to carry out an effective investigation into the acts of torture against them.

Before, by its decree of December 26, 2005, the RA Prosecutor General’s Office refused to initiate criminal proceedings on the crime report on illegal deprivation of liberty of Arayik Zalyan, Mussa Serobyan and Razmik Sargsyan and subjecting them to tortures. The decree of the RA Prosecutor General’s Office was based on the judgment of the Court of Syunik marz (region) issued under the criminal case initiated against them by which their allegations on suffering torture were considered groundless as a result of taking relevant measures, whereas the Court of Syunik marz (region) was not competent to carry out another investigation beyond the criminal case already under investigation.

The decree of the Prosecutor General’s Office was considered legal by both the court of first instance and by the decree of the former Court of Appeals of Criminal and Military Matters of March 14, 2006.

Based on the above judgment of the ECtHR as well as the judgment on acquitting Arayik Zalyan, Mussa Serobyan and Razmik Sargsyan and the necessity to give a relevant legal assessment to the actions of the officials who used violence against them, Arayik Zalyan lodged an appeal to the Court of Cassation to review the Court of Appeals ruling of March 14, 2006.